Terms and Conditions of Use

Entertainment Cairns (also known as www.entertainmentcairns.com) has created this web site to provide an online platform for musicians, music promoters, entertainment venues and other related entertainment industry professionals to profile themselves while providing the public, a means of finding out what’s on in Cairns and surrounding region.

To assist you in using our Entertainment Cairns web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.

Terms and Conditions of Use
These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and Entertainment Cairns regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Entertainment Cairns.

By using our Site, you agree to these Terms and Conditions.

1. Overview
We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us using the link from the website or by emailing us at support@entertainmentcairns.com.

2. Registration for Certain Users
You can visit our Site, and review a range of information about events, venues, musicians, entertainers, artists, art galleries and other materials relating to entertainment and cultural arts without registering. To post information on our Site, and to obtain access to certain other materials or information from our Site, we ask that you become a subscribed member. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. You agree to notify us within fourteen (14) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Site. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

When you register at our Site, you will create a "user id" and a "password," providing you access to associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. In becoming a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "Edit Profile" page on our Site or by contacting us directly at support@entertainmentcairns.com. You agree to be responsible for, and to release, indemnify and hold Entertainment Cairns, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.

3. Registered Users/ Subscribed Members and Advertisers Customer Policies
If you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different subscription packages for different fees as identified on our Site. The same applies to our valued advertisers.

3.1 Customer PolicyEntertainment Cairns strives to deliver an exceptional product and service for the community and our clients who include entertainers, venues, promoters and businesses and corporations that advertise with us. The site has feedback and support links on every page and should you have enquiries, issues or complaints please contact us at support@entertainmentcairns.com

3.2 Delivery of ServicesMost services paid for by our clients are either booked for a starting/ finishing time or where automated and payment is received, the service may be instantaneous. Full Payment will be required in advance and where graphics or artwork is needed this needs to be uploaded or arranged prior to delivery of service. Please contact us immediately if you believe a delay in delivery has occurred.

3.3
Refund Policy
Please choose your Entertainment Cairns package carefully as we do not offer refunds. Exchanges may be possible if a client wishes to negotiate a changed package. See below for our Cancellation Policy

3.4
Cancellation Policy
If you would like to cancel your subscription with EntertainmentCairns.com, simply log into your EntertainmentCairns.com account, goto "My Account"->"Cancel Subscription" and follow the prompts. Your recurring payment will immediately be cancelled (you will receive confirmation via email) and your EntertainmentCairns.com listings will continue to operate until the end of the period you have paid up to, after which time they will be removed from the EntertainmentCairns.com website.

3.5 Security Policy
Entertainment Cairns uses the eWAY Payment Gateway for its online credit card transactions.
eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site using the eWAY gateway are secured payments.
Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by Entertainment Cairns or any outside party.
All transactions are performed under 128 Bit SSL Certificate. All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
eWAY is an authorised third party processor for all the major Australian banks.
eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Entertainment Cairns.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
4. Ownership Of Site Contents
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Entertainment Cairns.com or used in accordance with "fair use" principles. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Entertainment Cairns.

The phrase “Entertainment Cairns“ is a registered business name. Other trade names and trademarks present on the Site either are owned by Entertainment Cairns, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, Entertainment Cairns does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Entertainment Cairns hereby expressly disclaims any such affiliation or endorsement.
5. Downloading and Use of Site Contents
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about events, venues, musicians and other materials relating to entertainment and cultural arts to the users of our Site (collectively, "Permitted Uses"). You may download and copy or print the Contents displayed on the Site solely for such Permitted Uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
6. User Comments and Submissions
With respect to any photographs, video clips or sound clips you may provide to post on Entertainment Cairns (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to Entertainment Cairns a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions solelyin connection with this Site.

Entertainment Cairns does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. Entertainment Cairns has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as Entertainment Cairns shall have no obligation to return any Comments to you.

Without limiting any of the foregoing, you furthermore agree that Entertainment Cairns may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

7. Prohibited Uses
In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Entertainment Cairns disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, Entertainment Cairns will comply with court orders directing Entertainment Cairns to disclose the identity of users posting such information or materials, or otherwise directing compliance by Entertainment Cairns.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

You agree to not add or inject ANY HTML code, PHP code, JavaScript code or any other type of computer code into the website including through, but not limited to, your account, profile and event listings.

You agree to post only accurate information to the best of your knowledge at the time. Should anyone be found to deliberately post misinformation or inaccurate information in the site, that person’s access will be disabled without notice and could be held liable by any parties inconvenienced by this misinformation.
8. Complaints Over Perceived Infringement
Entertainment Cairns respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, Entertainment Cairns will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.
If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you contact us as soon as possible.

9. Links To Other Web Sites And Services
Entertainment Cairns does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Entertainment Cairns does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites.
In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Entertainment Cairns ' is used as part of the link to this Site.

10. Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. Entertainment Cairns shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the site or information flowing through the site.
Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether artists, venues or promoters contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.

Your use and browsing of the site is at your risk. You should conduct your own independent investigation of the users of this site before entering into any transaction with such persons, in no event shall we or any other party involved in creating, producing or delivering the site be liable for any financial or other obligations that may arise between you and any other user of the site.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, it is your responsibility to perform scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from this site.

This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, completeness, currency, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of the site is at your sole risk, and agree to verify any information before relying upon it.
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11. Limitation of Liability
NEITHER ENTERTAINMENT CAIRNS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
" ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
" ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
" ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
12. Choice of Law and Jurisdiction
This Site is controlled and operated by Entertainment Cairns from its location in Queensland, Australia. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of Queensland, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts in Queensland, Australia.
Entertainment Cairns makes no representation that the information in the Site is appropriate or available for use in locations outside Australia, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
13. Modifications
We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

14. Assignment
Entertainment Cairns may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that Entertainment Cairns may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by Entertainment Cairns' then-applicable Privacy Policy.
15. Indemnities
You agree to indemnify Entertainment Cairns, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.
16. Access Privileges
Entertainment Cairns may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.
17. Severability
If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

18. Survival
Without limiting any other provisions of these Terms and Conditions or the Privacy Policy, (a) your indemnification obligations under Section 2 (Registration for Certain Users) and Sections 3 (Certain Fees for Registered Users), 4 (Ownership of Site Contents), 6 (User Comments and Submissions), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Choice of Law and Jurisdiction), 14 (Assignment), 15 (Indemnities), 17 (Severability) and 19 (Complete Agreement) of these Terms of Use; and (b) Section 6.6 (Relationship to Terms of Use) of the Privacy Policy, shall survive any termination of these Terms of Use and/or the Privacy Policy.
19. Complete Agreement
In addition to these Terms and Conditions (and Subscription Agreement, if any), your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions (and Subscription Agreement, if any) constitute the entire agreement between you and Entertainment Cairns with respect to use of the Site and supersede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.
20. Your Consent
By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

21. Contact Us
You may contact us, for any reason, by filling out the web form or by email at
support@entertainmentcairns.com
You may contact us by mail as follows:
P.O. BOX 112, Redlynch, QLD, Australia, 4870

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